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EFF "Censorship - Internet Censorship Legislation - New York (State)" Archive

Last Updated Thu Mar 13 10:42:59 PDT 2003

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The New York State Assembly and Senate have passed a bill (AB3967/SB210-D) that would make online service providers liable for the content on their networks. The bill would prohibit the knowing "dissemination" of material that depicts "actual or simulated nudity,[or] sexual conduct", that is "harmful to minors" and is communicated to a minor through a "computer communications system". Additionally, S.210-D would make it a felony to intentionally engage a minor in an explicit, sexually-oriented communication via a computer or on-line service, and then make contact with the minor. It provides for penalties of up to seven years in prison for certain offenses. If Gov. Pataki signs this bill into law it could impose significant burdens upon Internet Access businesses to screen the Internet for their users, drive Internet content businesses from New York state, and chill free speech. The bill is vague and over-broad, may force service providers to become censors, ignores existing parental control technology & services, and lumps most responsbility on to the shoulders of service providers. As of Feb. 7: the bill is being altered due to pressure from the Net, to prevent Internet providers' liability for users' actions. Keep the pressure up. State Sen. William R. Sears is to introduce the chapter amendment, and the legislature is asking the Governor to NOT sign the bill as it stands, even though it was already passed.
a bill to amend the penal law, in relation to disseminating indecent material to minors through any computer communication system. State Senate version is S210c.
State senate version of NY Assembly bill AB3967a. (NOTE: This is SB210C - it probably has minor differences from the version as passed, SB210D.)

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